Chapter 18.46
TEMPORARY USES
Sections:
18.46.010 Intent.
18.46.020 Interim uses.
18.46.030 Seasonal uses.
18.46.040 Temporary uses associated with construction projects.
18.46.050 Transitional uses.
18.46.060 Administrative temporary use permits.
18.46.070 Conditions.
18.46.080 Coordination with other city codes.
18.46.090 Homeless encampments.
18.46.010 Intent.
It is the intent of this chapter to regulate certain temporary uses of property which are not otherwise regulated, beyond business registration, by other city ordinances or regulations. (Ord. 4229 § 2, 1987.)
18.46.020 Interim uses.
The hearing examiner may issue a temporary and revocable permit, after a public hearing is held pursuant to ACC 18.70.040, to allow an owner, developer, contractor, tenant, lessee, or other occupant to conduct an otherwise permitted use on their property at the same time they are improving the property to the required city standards, pursuant to the following conditions:
A. The permit may be issued for a period up to six months and may be extended for three more months if the applicant has acted in good faith towards compliance of the original permit. The hearing examiner shall decide what constitutes said good faith.
B. The hearing examiner may issue the permit only if the proposed use is consistent with the following findings of fact:
1. The request is reasonable and there is no other practical alternative;
2. Adverse impacts associated with the temporary use are appropriately mitigated and such temporary use will not cause a hazard to the occupants or to neighboring properties;
3. A hardship is involved that cannot otherwise be reasonably resolved;
4. A performance bond, in the amount of the required improvements, shall be posted guaranteeing the completion of the project. (Ord. 4229 § 2, 1987.)
18.46.030 Seasonal uses.
The hearing examiner may issue a temporary and revocable permit, after a public hearing is held pursuant to ACC 18.70.040, to allow sales of seasonal goods, in any nonresidential zone, for a period not to exceed six months in any 12-month period.
A. The use need not meet the standards normally associated with a permanent use provided the hearing examiner finds that the temporary use is not in proximity to a competing permanent use. Other findings and requirements the hearing examiner shall consider will be as follows:
1. The use must be consistent with the permitted uses in the zone;
2. The use must be an appropriate interim use of the property pending the permanent long term use;
3. The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts;
4. The use must provide sanitary facilities if the hearing examiner finds it is necessary;
5. A performance bond, the amount to be determined by the building official, and approved by the hearing examiner, shall be posted guaranteeing the removal of the use and the area restored to the satisfaction of the building official.
B. Failure to comply with the conditions of the permit shall cause forfeiture of that portion of the bond necessary to correct the violations. (Ord. 4229 § 2, 1987.)
18.46.040 Temporary uses associated with construction projects.
A. The hearing examiner may issue a temporary and revocable permit after a public hearing is held pursuant to ACC 18.70.040, for activities associated with construction projects, including but not limited to equipment storage yards, job shacks, materials storage yard, or living quarters, which are not otherwise permitted outright by city ordinances or regulations.
B. The hearing examiner may issue a temporary use permit for construction related activities, if it is found that proposal is consistent with the following findings of fact:
1. The use would not pose a hazard or be a detriment, physical or otherwise, to the neighborhood;
2. The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts;
3. A performance bond, the amount to be determined by the building official, and approved by the hearing examiner, shall be posted guaranteeing the removal of the use and the area restored to the satisfaction of the building official. Failure to comply with the conditions of the permit shall cause forfeiture of that portion of the bond necessary to correct the violations;
4. The temporary use shall be reviewed each six months to determine if the temporary use permit is still valid, if not, then the hearing examiner shall terminate the permit;
5. The temporary use shall be vacated upon completion of the associated construction project or determined by subsection (B)(4) of this section. (Ord. 4229 § 2, 1987.)
18.46.050 Transitional uses.
A. Existing agricultural and associated uses, which are not permitted outright, may continue provided there are no new structures built in excess of 2,000 square feet, or the use is not expanded by five acres, unless a permit is issued, after a public hearing is held pursuant to ACC 18.70.040, by the hearing examiner consistent with the following findings of fact:
1. The use must be compatible or sufficient mitigating measures available to make it compatible with adjacent permitted uses;
2. The use cannot be a detriment to adjacent permitted uses;
3. The use will not result in significant adverse impacts to the area.
B. Upon encroachment of permitted uses into the area the hearing examiner may review a transitional use permit to determine if such use is no longer compatible with the permitted uses and should be abated. (Ord. 4229 § 2, 1987.)
18.46.060 Administrative temporary use permits.
A. The planning director may issue a temporary use permit to allow a business to begin operation while the business is securing approval from the hearing examiner, planning commission or city council if the planning director finds the use consistent with the following findings of fact:
1. The need is due to circumstances beyond control of the applicant;
2. The need is due to hardship such as loss of continuity of business;
3. The use is reasonably expected to be permitted by the appropriate body;
4. No significant capital outlay is required for the initial operation of business;
5. Application for the permit allowing the permanent use must be filed;
6. The existing structure and lot must otherwise comply to city standards;
7. The permit shall terminate when the commission, council or hearing examiner have rendered their final decision;
8. The applicant agrees in writing that the temporary use permit does not guarantee a subsequent permanent use;
9. A performance bond be posted guaranteeing the removal of the use if the use is denied by the commission, council or hearing examiner.
B. The building official may issue a temporary use permit for temporary or seasonal uses including, but not limited to, Christmas tree lots, street sales, or exhibits for up to six weeks in duration, if the use is consistent with the following finding of fact:
1. The use must be consistent with the permitted uses in the zone;
2. The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts;
3. If appropriate the building official may require a bond to assure the removal of the use and the area restored to the satisfaction of the building official.
C. The building official may issue a temporary use permit for a temporary structure for the purpose of the sale of agricultural products grown on the premises if consistent with the following findings of fact:
1. The temporary structure is less than 300 square feet in floor area and must meet the proper setbacks of the zone;
2. The use will not result in significant traffic, parking or other adverse impacts.
D. The planning director may issue a temporary use permit for a temporary gravel parking facility that serves municipal purposes. The temporary use permit may be issued for a period up to 12 months if the planning director finds it is consistent with the following criteria:
1. The use will not result in significant drainage or other adverse impacts;
2. The gravel parking area is not required for the purposes of meeting the minimum off-street parking requirements pursuant to ACC 18.52.020.
3. The temporary use permit may be renewed for subsequent 12-month periods; provided, that the planning director finds that the above criteria can continue to be met. (Ord. 5733 § 3, 2003; Ord. 4229 § 2, 1987.)
18.46.070 Conditions.
In order to reasonably mitigate any adverse impacts associated with a temporary use permit, the permit may be conditioned to assure such mitigation. (Ord. 4229 § 2, 1987.)
18.46.080 Coordination with other city codes.
A. Any temporary use otherwise regulated by ACC Title 5, beyond any required business or solicitors license, is not subject to the provisions of this chapter. However, any license issued under ACC Title 5 shall be consistent with the use regulations of the remainder of this title and any condition or other permit required by this title shall be required.
B. Any licensed solicitor who, while selling or offering goods, wares, merchandise or anything of value displays, advertises, or offers such goods to the passing public while standing on any property, street or public way or any other place not used and licensed by such person as a permanent place of business, shall secure in addition to the solicitors license, a temporary use permit pursuant to this chapter.
C. Uses regulated or exempted by Chapter 18.60 ACC, Home Occupations, are not subject to the provisions of this chapter. (Ord. 4229 § 2, 1987.)
18.46.090 Homeless encampments.
The director of planning, building and community may issue a temporary and revocable permit for a homeless encampment subject to the following criteria and requirements:
A. Procedural Approval.
1. The sponsoring agency shall notify the city of the proposed homeless encampment a minimum of 30 days in advance of the proposed date of establishment for the homeless encampment and at least 14 days before submittal of the temporary use permit. The advance notification shall contain the following information:
a. The date the homeless encampment will encamp;
b. The length of the encampment;
c. The maximum number of residents proposed; and
d. The host location.
2. The sponsoring agency shall conduct at least one public informational meeting within, or as close to, the neighborhood where the proposed homeless encampment will be located, a minimum of two weeks prior to the submittal of the temporary use permit application. The time and location of the meeting shall be agreed upon between the city and sponsoring agency. All property owners within 1,000 feet of the proposed homeless encampment shall be notified at least 14 days in advance of the meeting by the sponsoring agency. Proof of mailing shall be provided to the director of planning, building and community.
3. The temporary use permit application shall be accompanied by a hold harmless agreement whereby the host agency and sponsoring agency agree to indemnify the city of Auburn for, and hold it harmless from, all damages that may result from the operation of the homeless encampment by such permit grantee and shall pay all damages for which the permit grantee or the city of Auburn shall be held liable as the result of injuries suffered by any person, association or corporation by reason of the operation of the homeless encampment; provided, that in case any claim is filed with the city of Auburn or any suit or action is instituted against said city by reason of any such damage or injury the city council shall promptly cause written notice thereof to be given to the grantee and the grantee shall have the right to defend any such suit or action.
B. Site Criteria.
1. If the sponsoring agency is not the host agency of the site, the sponsoring agency shall submit a written agreement from the host agency allowing the homeless encampment.
2. The property must be sufficient in size to accommodate tents and necessary on-site facilities, including, but not limited to, the following:
a. Sanitary portable toilets in the number required to meet capacity guidelines;
b. Hand washing stations by the toilets and by the food areas;
c. Refuse receptacles;
d. Food tent and security tent.
3. The host and sponsoring agencies shall provide an adequate water source to the homeless encampment, as approved by the provider as appropriate or other water service.
4. No homeless encampment shall be located within a critical area or its buffer as defined under Chapter 16.10 ACC.
5. No permanent structures will be constructed for the homeless encampment.
6. No more than 100 residents shall be allowed. The city may further limit the number of residents as site conditions dictate.
7. Adequate on-site parking shall be provided for the homeless encampment. No off-site parking will be allowed. The number of vehicles used by homeless encampment residents shall be provided. If the homeless encampment is located on-site with another use, it shall be demonstrated that the homeless encampment parking will not create a shortage of code-required on-site parking for the other uses on the property.
8. The homeless encampment shall be within a quarter mile of a bus stop with seven days per week service, whenever possible. If not located within a quarter mile of a bus stop, the sponsoring agency must demonstrate the ability for residents to obtain access to the nearest public transportation stop (such as carpools or shuttle buses).
9. The homeless encampment shall be adequately buffered and screened from adjacent right-of-way and residential properties. Screening shall be a minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the homeless encampment behind buildings. The type of screening shall be approved by the city.
10. All sanitary portable toilets shall be screened from adjacent properties and rights-of-way. The type of screening shall be approved by the city and may include, but is not limited to, a combination of fencing and/or landscaping.
11. The sponsoring agency shall be responsible for the clean up of the homeless encampment site within seven calendar days of the encampment’s termination.
C. Security.
1. An operations and security plan for the homeless encampment shall be submitted and approved by the city.
2. The host agency shall provide to all residents of the homeless encampment a code of conduct for living at the homeless encampment. A copy of the code of conduct shall be submitted to the city at the time of application.
3. All homeless encampment residents must sign an agreement to abide by the code of conduct and failure to do so shall result in the noncompliant resident’s immediate and permanent expulsion from the property.
4. The sponsoring agency shall keep a log of all people who stay overnight in the encampment, including names and birth dates, and dates of stay.
5. The sponsoring agency shall take all reasonable and legal steps to obtain verifiable identification, such as a driver’s license, government-issued identification card, military identification or passport from prospective and existing encampment residents.
6. The sponsoring agency will use identification to obtain sex offender and warrant checks from the Pierce County or King County sheriff’s office or relevant local police department.
a. If said warrant and sex offender checks reveal either: (i) an existing or outstanding warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (ii) the subject of the check is a sex offender, required to register with the county sheriff or their county of residence pursuant to RCW 9A.44.130, then sponsoring agency will reject the subject of the check for residency to homeless encampment or eject the subject of the check if that person is already a homeless encampment resident.
b. The sponsoring agency shall immediately contact the Auburn police department if the reason for rejection or ejection of an individual from the homeless encampment is an active warrant, is due to the individual being a sex offender required to register and/or if, in the opinion of the on-duty executive committee member or the on-duty security staff, the rejected/ejected person is a potential threat to the community.
7. The sponsoring agency shall self-police and self-manage its residents and prohibit alcohol, drugs, weapons, fighting, and abuse of any kind, littering or disturbing neighbors while located on the property.
8. The sponsoring agency will appoint an executive committee member to serve on-duty at all times to serve as a point of contact for city of Auburn police and will orient the police as to how the security operates. The names of the on-duty executive committee members will be posted daily in the security tent. The city shall provide contact numbers of nonemergency personnel, which shall be posted at the security tent.
D. Timing.
1. The maximum continuous duration of a homeless encampment shall be 90 days. Citywide, the total maximum number of days homeless encampments may operate in the city shall not exceed 180 days in any 24-month period (e.g., two homeless encampments each operating 90 days (maximum 180 days total) may be allowed in a 24-month period).
2. No more than one homeless encampment may be located in the city at any time.
E. Health and Safety.
1. All temporary structures within the homeless encampment shall conform to all building codes.
2. The homeless encampment shall conform to the following fire requirements:
a. Material used as roof covering and walls shall be of flame retardant material.
b. There shall be no open fires for cooking or heating.
c. No heating appliances within the individual tents are allowed unless the appliance is designed and licensed for that purpose.
d. No cooking appliances other than microwave appliances are allowed.
e. An adequate number and appropriate rating of fire extinguishers shall be provided as approved by the fire department.
f. Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the fire department.
g. Adequate separation between tents and other structures shall be maintained as determined by the fire department.
h. Electrical service shall be in accordance with recognized and accepted practice; electrical cords are not to be strung together and any cords used must be approved for exterior use.
3. The sponsoring and host agencies shall permit inspections by Auburn staff and the King County health department at reasonable times without prior notice for compliance with the conditions of this permit.
F. Termination. If the sponsoring agency fails to take action against a resident who violates the terms and conditions of this permit, it may result in immediate termination of the permit. If the city learns of uncontrolled violence or acts of undisciplined violence by residents of the encampment and the sponsoring agency has not adequately addressed the situation, the temporary use permit may be immediately terminated. (Ord. 6014 § 5, 2006.)